's out of jail for now, but lindsay lohan could be back behind bars on october 22nd. that is when a judge will formally determine whether she violated her probation by fill ago drug test. the 24-year-old spent 12 hours in jail friday before posting $300,000 bail. let's bring in our legal panel to weigh in on this. rebecca rose woodland and jonna stillworn, what do you think is going to happen? >> honestly, i think this judge is tough. the judge has been tough on lindsay from the beginning. i think she's going to say, lindsay, back to rehab. >> back to rehab? not back to jail? >> no. and i honestly hope she does tell her back to rehab. this is a form of incarceration, but it will help her. clearly, the girl needs help. so let's try to work it together with her probationary period, put her in a rehab facility where she cannot leave, obviously. >> but jonna, how much does that supersede, them, punishment? do you think a judge is going to weigh that and say, look, do you need to be punished first and then go to rehab? could it be a two-fer or not? >> i don't think punishment is really the ans